6:30 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman James Sandham, Jr.:“As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

Roll call Township Committee:

Present:Committeeman Art Daughtry

Committeeman Don Kostka

Committeewoman Deborah Nielson

Committeeman Tim Braden

Chairman James Sandham, Jr.

Also present:Frank Bastone, Township Administrator

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2010-CES-01-12-10A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:Litigation – Bonnieview.Property acquisition – Dellechiaie; Starkey; Marketplace.Potential litigation.Litigation – First Aid Squad; PSE&G; Chapter 48.Contract negotiations – Animal Shelter building; Township property.

Motion:Braden.Second:Nielson.All in favor.Resolution adopted.

At 6:30 p.m. – Closed Session.At 8:05 p.m. – Public Session.

Chairman Sandham read the Statement of Open Public Meetings Act Compliance again for the record.

Prayer and Pledge of Allegiance led by Committeeman Braden.

Chairman Sandham welcomed everyone to the first meeting of 2010.He recognized Peter King, who was in the audience.He was voted to be President of the Library Board of Trustees last night.

REPORTS:

ADMINISTRATOR:Frank Bastone, Township Administrator, reported last year they joined SEM – Sustainable Energy Joint Meeting.We are part of the Morris County SEM.Our representative to the State is the Dover administrator.We are going out for our first sale later this month.The bid opening is January 22.Each time we go out to bid, we have the option to opt-in or out.This is for natural gas.We may have to split our accounts – some go into SEM.

Committeeman Daughtry stated January 22 is the worst time to go to bid for a fuel source.How often do we go out to bid?Discussion regarding rates and therms, etc.Bastone will ask questions.The advantage of the SEM is that it strikes a set price – you know what you are paying.Bastone will do the analysis and make the decision to opt-in or out.Township Committee agreed.

Revaluation – Bastone stated they are currently working on the contract language.

Environmental Infrastructure Trust – 30-inch sewer interceptor – Bastone reported the project loan application and design are acceptable to the EIT and the NJDEP.The funding is in place.Tom Mazzaccaro, W&S/DPW Director, submitted a memo dated 01/05/10 to the Township Committee with the targeted project schedule.

ENGINEER:Anthony Barile, Township Engineer, reported on the Metro Park environmental application.The deeds and subdivision map were submitted to Bob Oostdyk for filing with the County.

TOWNSHIP COMMITTEE COMMENTS:Committeeman Daughtry reported the Kiwanis Club has asked the Township Committee and the Township if we want to support a landscaping project at the Edmunds Barn.This would be in memory of Fred Eckhardt.They would also try to do in cooperation with the Rotary Club.Township Committee agreed – go forward with project.

Committeeman Braden reported our Local Assistance Board was dissolved and taken in by the County.The Kiwanis Club is talking about starting a food pantry here in town.

Chairman Sandham reported we did have a discussion in closed session about PSE&G.Bastone stated Montville is one of the municipal interveners opposing the PSE&G project.PSE&G has made settlement offers to the towns along the route.We discussed that offer in closed session.We have made the decision that we are not going to accept the settlement offer to withdraw from opposition.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:Chairman Sandham opened public portion.Motion:Nielson.Second:Kostka.All in favor.Motion approved.

Charles Fisher, 156 Waughaw Road, Towaco, asked regarding PSE&G, if they upped the ante, would you reconsider?Sandham answered when any offer is made, we would evaluate it.I think it is the feeling of the Township Committee that this is not just a monetary issue.

Fisher stated no amount of money would mitigate what this project would do – aesthetics, property taxes, etc.

John Alexander, 9 Ward Witty Drive, Towaco, stated it is good to see that you are not going to take this settlement.For future offers, my concern is that we take into account all the circumstances.We don’t want you to sell out to big business.

Hearing no further comments, Chairman Sandham closed public portion.Motion:Daughtry.Second:Nielson.All in favor.Motion approved.

DISCUSSION ITEMS:

NO. 1 – PRELIMINARY BUDGET:Bastone stated the Township Committee received the budget detail this evening.By the end of the month, we hope to have more revenue numbers.You have a preliminary, hypothetical budget.This budget shows a 2.75 increase in the tax levy.

Sandham stated this is not a real budget until we get revenue numbers.Do we want to give Mr. Bastone an idea of what we want cut if it comes to that, or wait until we have more real numbers?

Capital plan as it stands now is $1,648,000.Appropriation in the budget is $100,000.

Bastone asked for direction into looking into necessities, personnel.

Committeeman Kostka stated he should look at it all.Braden stated also, he should look at a “doomsday” scenario.Sandham stated the Long-term Financial Planning Committee did recommend looking into that.Furloughs need to be considered.I have asked Mr. Bastone to look at furlough days that might make sense.Personnel and the organizational chart need to be looked into.

Bastone stated the issue with furloughs – it does not affect 60% of our salary base.We have to follow Civil Service regulations.We cannot furlough police officers.

Sandham asked the Township Committee to review the budget and come up with suggestions.

Bastone to look at insurance, furloughs, and personnel – all positions in town.

Daughtry stated the 2.75 number has to get better.The absolute max is 2% and should go lower – based on the hypothetical.

1)Improvements at the intersection of Bloomfield Avenue and Chapin Road.We feel this is a good suggestion.

2)Chapin Road one-way.Good suggestion.Further study is needed.

3)Weight limit posted on Bloomfield Avenue – no trucks in excess of five tons.This should be done by the Township Committee by ordinance.

4)Cul-de-sac at Maple Avenue and Bloomfield Avenue.Needs further study and a review of emergency services.

5)Dead-end northern end of Maple Avenue.This has been discussed by the Township Committee three times over the last ten years.This has been denied by the DOT.We would have to rehash it with them.I would recommend a cul-de-sac with space to turn around and gate access to Route 80.Needs further review.

6)John Street and Margaret Drive traffic flow revisions.Recommend this be studied by the traffic engineer.

Nielson asked who is paying for the Omland proposal.Barile stated our opinion is to set up a new escrow account from Lowe’s.

Nielson – timeframe?Barile stated each item would have a different timeframe.Nielson stated I would ask that the escrow include surveys, mailings, etc.Barile stated they can meet with Mr. Boswell and work that out.

Martin Murphy, Township Attorney, stated we adopted a resolution designating the area from a PA5 to a PA2 planning area.Morris County Planning Board feels it should go to a PA1.He will prepare a resolution for next meeting.It also involves Kevah Konner and Home Depot.Have Planning Board review and notify affected property owners.

NO. 3 – 2010 AND FUTURE GOALS:Bastone stated you have Mr. Daughtry’s draft as a result of the last discussion.Township Committee prioritized each item A, B, or C.

NO. 6 – ENVIRONMENTAL COMMISSION ORDINANCE:Bastone stated there is a conflict between our ordinance and State statute regarding the chairperson selection.State statute takes precedent and is that the Mayor selects the chairperson.

Consensus of Township Committee:authorize Mr. Murphy to draft revised ordinance to align with the State statute.Convey to future Township Committees to allow them to select their own chairperson.We allow boards and commissions to select their own chairs.

Murphy stated this is just a strange statute.It was probably adopted after you had your own ordinance in place.I think you should change your ordinance, but there are ways you can have the commission select their own chair.You can take recommendations, etc.

Sandham stated the Township Committee and Mayor can handle it each year the same way we all agree on the Mayor’s library appointment.

Sandham stated also there is a vacancy State statute that allows for four consecutive missed meetings.We can adopt a local ordinance that they can only miss three consecutive meetings.I would recommend that we adopt a more restrictive ordinance.It is for unexcused absences.Township Committee all agreed move forward with ordinance.Convey to boards and commissions.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 26, 2010, at 8 p.m.Motion:Daughtry.Second:Braden.Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.Motion approved.

NO. 2 – ORDINANCE NO. 2010-02 AUTHORIZING A LEASE OF REAL PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE TO THE MONTVILLE SOCCER ASSOCIATION:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 26, 2010, at 8 p.m.Motion:Daughtry.Second:Nielson.Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.Motion approved.

NO. 3 – ORDINANCE NO. 2010-03 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN OPEN SPACE BONDS, SERIES 2002, APPROPRIATING $5,240,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,240,000 OPEN SPACE REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 26, 2010, at 8 p.m.Motion:Daughtry.Second:Nielson.

Discussion:Kostka raised a question – is this correct?The way I read it, it looks like we are in effect increasing debt $640,000.We are taking $4,600,000, we are going to retire that, and we are going to replace it with $5,240,000 of debt – as I read sections 1 and 2.Bastone stated and the same issue with the next ordinance – different numbers.I don’t know the answer off the top my head.Fran Vanderhoof is not here this evening.Murphy stated this is an ordinance introduction, so we have time - we can always vote against it at adoption.Get these questions to Fran or Bond Counsel.Sandham stated if there is a problem, we can pull this and introduce a new ordinance at the next meeting.Kostka stated also this is silent as to the rate of interest.I understand that is not known, but would we have some sort of range.Murphy stated I think Bond Counsel would tell you no - you always have the ability to turn down the offers, I believe, once they go to sell them.Sandham stated the Local Finance Board has to approve it.There has to be a savings of at least 3% over current interest rates.Bastone stated actually we adopted these already and gone out.They had to be reintroduced because of the absence of a supplemental debt statement.I still think we should get an answer for Mr. Kostka.

NO. 4 – ORDINANCE NO. 2010-04 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN GENERAL IMPROVEMENT BONDS, SERIES 2002, APPROPRIATING $2,300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,300,000 GENERAL IMPROVEMENT REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 26, 2010, at 8 p.m.Motion:Nielson.Second:Braden.

WHEREAS, building permit fees were paid for the issuance of building permits (above ground storage tank) for property located at 32 Dogwood Circle, Pine Brook, New Jersey; and

WHEREAS, the property owner subsequently cancelled the contract with the contractor (Aim Tank Services Company); and

WHEREAS, Aim Tank Services Company has requested a refund; and

WHEREAS, the Construction Official has recommended a refund in the amount of 54.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the building permit fees submitted by Aim Tank Services Company for property located at 32 Dogwood Circle, Pine Brook, New Jersey, shall be refunded in the amount of $54.00.

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

WHEREAS, building permit fees were paid for the issuance of building permits (wood burning fireplace) for property located at 7 Ridge Drive, Montville, New Jersey; and

WHEREAS, the property owner subsequently cancelled the project; and

WHEREAS, the property owner has requested a refund; and

WHEREAS, the Construction Official has recommended a refund in the amount of 131.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the building permit fees submitted by Michelle Walsh for property located at 7 Ridge Drive, Montville, New Jersey, shall be refunded in the amount of $131.00.

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

WHEREAS, the Township of Montville is the owner of real property designated as Block 21.01, Lot 42 and Block 21.02, Lot 42 (Glenview Woods); and

WHEREAS, counsel for the Township of Montville has recommended to the Township that it execute and submit an application seeking grant proceeds to the Hazardous Discharge Site Remediation Fund in connection with the site investigation and remediation activities performed by the Township at the Glenview Woods Subject Site.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute and submit an application seeking grant proceeds to the Hazardous Discharge Site Remediation Fund in connection with Glenview Woods Subject Site, in substantially the form attached hereto.

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Montville desires to further the public interest by obtaining a grant of $500,000 from the State to fund the following project(s):Acquisition of Open Space Property.

NOW, THEREFORE, the governing body/board resolves that James Sandham, Jr. or the successor to the office of Mayor is hereby authorized to:

(a) make application for such a loan and/or such a grant

(b) provide additional application information and furnish such documents as may be required

(c) act as the authorized correspondent of the above named applicant, and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project;

NOW, THEREFORE, BE IT RESOLVED BY THE Township of Montville

1.That the Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as Acquisition of Open Space Property, and;

2.That the applicant has its matching share of the project, if a match is required, in the amount of $500,000.

3.That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and;

4.The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project.

5.That this resolution shall take effect immediately.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR LICENSED ELECTRICAL CONTROL AND TECHNICAL SERVICES FOR PUBLIC UTILITIES, WATER AND SANITARY SEWER:

WHEREAS, bids were received on December 20, 2009 for licensed electrical control and technical services for public utilities, water and sanitary sewer; and

WHEREAS, the lowest responsible bid of $71.43 per hour and overtime rate of $107.15 per hour for year 1, and $73.60 per hour and overtime rate of $110.40 per hour for year 2, was received from Edward J. Albert & Son, Inc.; and

WHEREAS, the amount bid is within the established budget for the project and the Township Water and Sewer Director has recommended the award to Edward J. Albert & Son, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that Edward J. Albert & Son, Inc. shall be awarded the Contract for licensed electrical control and technical services for public utilities, water and sanitary sewer in an amount of $71.43 per hour and overtime rate of $107.15 per hour for year 1, and $73.60 per hour and overtime rate of $110.40 per hour for year 2.

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE PUMP REPLACEMENT AND IMPROVEMENTS AT THE TAYLORTOWN BOOSTER STATION (CONTRACT 2009.16):

WHEREAS, seven bids were received on December 29, 2009 for the Pump Replacement and Improvements at the Taylortown Booster Station Project (Contract 2009.16); and

WHEREAS, the lowest responsible bid of $78,204.00 was received from Clearwater Services, Inc.; and

WHEREAS, the amount bid is within the established budget for the project and the Township Water and Sewer Consulting Engineer has recommended the award to Clearwater Services, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that Clearwater Services, Inc. shall be awarded the Contract for the Pump Replacement and Improvements at the Taylortown Booster Station Project (Contract 2009.16) in an amount of $78,204.00.

NO. 3 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR JANITORIAL SERVICES TO MAVERICK BUILDING SERVICES:

WHEREAS, bids were received on December 22, 2009, for janitorial services for various Township buildings; and

WHEREAS, six bids were received with the lowest responsible bid of $3,200.00 per month for all locations for the period January 1, 2010 through December 31, 2011 being received from Maverick Building Services; and

WHEREAS, the Finance Director has recommended the award to Maverick Building Services.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that Maverick Building Services shall be awarded the Contract for the janitorial services at various municipal buildings for a contract price of $3,200.00 per month.

WHEREAS, the Township of Montville is in need of appraisal services in connection with the O’Dowd/Changebridge Road Extension acquisition (Block 57.1, Lots 1 & 1.01 and Block 58, Lots 1 & 2); and

WHEREAS, the Township obtained three quotations for appraisal services; and

WHEREAS, the Township desires to award the contract for appraisal services to Norman J. Goldberg, Inc. for services in the amount of $4,000.00 (amended from $3,600.00).

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the amended contract for appraisal services in connection with the O’Dowd/Changebridge Road Extension acquisition (Block 57.1, Lots 1 & 1.01 and Block 58, Lots 1 & 2) shall be awarded to Norman J. Goldberg, Inc. in the amount of $4,000.00.

NO. 5 – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE BOROUGH OF LINCOLN PARK, THE TOWNSHIP OF BOONTON, AND THE TOWN OF MORRISTOWN FOR ANIMAL CONTROL/SHELTER – YEARS 2010 TO 2019:

WHEREAS, pursuant to N.J.S.A. 40:8A-1, the Township of Montville may, by Resolution, enter into an Interlocal Services Agreement with another local government entity; and

WHEREAS, the Township of Montville is presently operating an animal shelter in the Township of Montville pursuant to a program to control animals at large in the Township of Montville and the shelter can accommodate the needs for animal shelter services of the Borough of Lincoln Park, the Township of Boonton, and the Town of Morristown; and

WHEREAS, the Township of Montville is agreeable to allowing the Borough of Lincoln Park, the Township of Boonton, and the Town of Morristown to utilize the Township of Montville's animal shelter under the terms and conditions as set forth in a form of Agreement annexed hereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, that the appropriate Township officials are hereby authorized to execute an Agreement between the Township of Montville and the Borough of Lincoln Park, the Township of Boonton, and the Town of Morristown for the provision of animal shelter services from the Township of Montville to the respective municipalities in the form attached hereto for the years 2010 to 2019.

Daughtry stated he will not be at the next meeting.Status of the Administrator’s evaluation?

Historic Preservation Review Commission – I will not be at the first two meetings.Maybe the Mayor could attend with Don Kostka.

BPU/Verizon status?Murphy stated they have heard nothing back.

Sandham stated he has asked the former Mayor to pull Mr. Bastone’s evaluation together by next meeting.

Kostka – no report.

Nielson – no report.

Braden reported he attended the Board of Health’s reorganization and meeting last night.They are very professional and conduct themselves very efficiently.They run a good meeting.

Braden will not be at the next Township Committee meeting.

Sandham stated he would like to create two committees – A Complete Count Committee and a Technology Committee.Nielson asked what the goal of the Technology Committee would be.Discussion item next meeting.

Sandham stated he would like to put the HPRC on as a discussion item at a February meeting.There are various types of commissions.

Every Drop Counts – There is a request from a member of the Board of Education – they have put something forward at $15,000.It involves the 5th and 6th grade.Would like to put on agenda for a future meeting.

Bastone stated maybe we should discuss when we are discussing the water utility budget.

Sandham stated I have asked the Administrator to look into putting additional recycling containers out at our fields.

Library Board meeting – OPRA was discussed in relation to personal computers.Mr. Braden had brought up at one point having laptops for Township business only.That should be a discussion in the future.

February 8th is the 100th Anniversary of the Boy Scouts.Also, there is an Eagle Scout Ceremony coming up at the end of January.

RESOLUTION NO. 2010-CES-01-12-10B PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:Potential litigation.Litigation – First Aid Squad; Chapter 48.Contract negotiations – animal shelter building; professional services.